Political interference

The rescinding by the Statutory Authorities’ Service Commission (SASC) of its letter to the Chief Executive Officer of the San Fernando City Corporation (SFCC), Marlene Coudray, transferring her to the Point Fortin Borough Corporation was a victory for all public servants who have been victims of political interference. The rescinding was formalised on Monday, when Justice Gregory Smith, sitting in the San Fernando Civil Court in the hearing of an application for judicial review brought by Ms Coudray challenging her transfer, read an order from the SASC revoking all transfer orders relating to her application. Of critical concern is the charge by Ms Coudray, alleged in her lawsuit, that Prime Minister Patrick Manning had been reportedly behind the move to have her transferred to Pt Fortin.

Ms Coudray had called on Mr Manning to state why he had publicly declared to the Media that she would be transferred to Point Fortin. If Ms Coudray is correct in her allegation that the Prime Minister was behind her planned transfer then this would mean that he had sought to interfere in a matter properly within the jurisdiction of the SASC. Only recently, Prime Minister Manning got himself involved in the presentation of the letter of appointment from the Police Service Commission for Mr Everard Snaggs as Commissioner of Police. The involvement of the PM in both issues suggests an uncomfortable trend. Ms Coudray is to be saluted on her stand in a matter, which offends against the power and authority of the SASC, under Act No 16 of 1966, clearly set out in Section 5 (1) that: “The Commission shall have power to appoint persons to be or act as officers and to transfer, promote, remove and exercise disciplinary control over persons so appointed.” And although under 5 (2) the powers “conferred on the Commission may with the approval of the Prime Minister be delegated by directions in writing to any other person or authority” it is inconceivable that even remotely they would have been delegated to the Prime Minister.

But whether Ms Coudray was right or not with respect to his being behind the move, Mr Manning acted inappropriately in telling the Media, even before the SASC had made a formal announcement or had intimated that Ms Coudray would have been transferred to the Point Fortin Borough Corporation, that this would have been done. In turn, it would have been entirely wrong for the SASC or any Service Commission, in the 42-year history of Service Commissions, to transfer a senior public servant because a politician might have said so. It is good that senior public servants, increasingly in the comparatively recent past, and Service Commissions as well, have challenged the assumed right of politicians to interfere in matters outside of their authority. The Police Service Commission in the matter concerning retired Commissioner of Police, Jules Bernard, comes readily to mind. In turn, a former Government, in an effort to extend the term of Office of retired Police Commissioner, Noor Mohammed, amended the law to give it the authority to effect Mohammed’s extension. Under the Trinidad and Tobago Constitution all Service Commissions are supposed to be independent bodies free of political control and/or interference and all politicians regardless of which Party is in power need to respect this.